Hidangmayum Ongbi Ibeyaima Devi & ... vs Samurailatpam Manisana Sharma & ...
2021 Latest Caselaw 46 Mani

                                        1


                                                                        Item No. 1
                                                     (Through Video Conferencing)

                 IN THE HIGH COURT OF MANIPUR
                           AT IMPHAL

                    CRP(C.R.P. Art. 227) No. 13 of 2021

Hidangmayum Ongbi Ibeyaima Devi & 6 ors.
                                                                     ....Petitioners
                                   - Versus -

Samurailatpam Manisana Sharma & 13 ors.
                                                                   ...Respondents

BEFORE HON'BLE THE CHIEF JUSTICE MR. SANJAY KUMAR

05.03.2021

Notice is issued in this CRP only for the limited purpose of verifying

the alleged irregularities pointed out by the petitioners. It is their case that

though a judgment was delivered on 22.10.2019 by the Ld. Civil Judge (Senior

Division), Imphal West, in O.S. Suit No. 30 of 2009/670 of 2013, neither the

certified copy of the judgment nor the certified copy of the decree have been

furnished to the petitioners, despite an application having been made therefor as

long back as in November, 2019. Mr. P. Tomcha, learned counsel for the

petitioners, would assert that the decree has not even been drawn up till date.

Learned counsel would further contend that the petitioners are not in a position

to file a regular first appeal owing to the failure of the trial Court to furnish

certified copies of the requisite documents to maintain such an appeal but in the

meanwhile, the revenue authorities are carrying out partition of the property by

metes and bounds, based on the directions contained in the judgment passed by

the trial Court.

Registry is therefore directed to call for a report from the Court of

the learned Civil Judge (Senior Division), Imphal West, as to why the certified

copies of the judgment and decree dated 22.10.2019 in O.S. No. 30 of 2009/ 670

of 2013 have not been furnished till date.

The said report shall be placed before this Court on the next date

of hearing.

In the meanwhile, as the petitioners apprehend that their interests

would be adversely affected by the actions initiated by the revenue officials, this

Court deems it appropriate to permit the petitioners to file a Regular First Appeal

against the judgment and decree dated 22.10.2019 passed by the Civil Judge

(Senior Division), Imphal West, in O.S. No. 30 of 2009/670 of 2013, by filing

appropriate application(s) to dispense with the filing of certified copies of the

requisite documents. It would also be open to the appellate Court to consider the

plea of the petitioners for interim relief in such an appeal, as and when the same

is presented and accepted.

Registry is directed to forthwith furnish a copy of this order to Mr.

P. Tomcha, learned counsel for the petitioners, on payment of usual charges.

Post on 05.04.2021.

CHIEF JUSTICE Indrajeet

Digitally Yumk signed Yumkham by

ham Rother Date:

2021.03.08 Rother 15:22:30 +05'30'